Health and Employment

Transcription

1 Health and Employment This booklet is intended to assist anyone dealing with or affected by Health and Employment issues. It is one of a series of booklets and handbooks designed to give impartial advice on employment matters to employers, employees and their representatives. Legal information is provided for guidance only and should not be regarded as an authoritative statement of the law, which can only be made by reference to the particular circumstances which apply. It may, therefore, be wise to seek legal advice. Information in this booklet has been revised up to the date of the last reprint see date below. We also have an Acas Helpline which can answer most of your questions about employment relations matters including your legal rights and duties. Acas is committed to building better relationships in the workplace and offers training to suit you. From a two-hour session on the key points of new legislation or employing people to courses specially designed for people in your organisation. Click here to find out about training sessions in your area. We also offer hands-on practical help and support to tackle issues in your business with you. This might be through one of our wellknown problem-solving services or a programme we have worked out together to put your business firmly on track for effective employment relations. Introduction In recent years, health and healthy living have become increasingly important issues both in society at large and in the workplace. Employers and trade unions are taking a broader view of health at work so that issues such as smoking, alcohol and stress are being considered alongside traditional occupational health issues such as noise, dust and chemical hazards. It is also now widely recognised that where people struggle to maintain a balance between their work and their home responsibilities, this will have an adverse effect not only on their ability at work but also on their general health and well-being. In March 2000 the Government launched a Worklife Balance Campaign for England and Scotland. This campaign encourages employers to introduce flexible working practices, identifying the reduction of absenteeism, sickness and stress as one of the many benefits for businesses.

2 Further help is planned for employees with young children. From April 2003, the Employment Act 2002 will introduce the right for parents of young and disabled children to apply to work a flexible working arrangement. It will place a duty on employers to give serious consideration to such requests from employees and to refuse them only if they have clear business reasons for doing so. Guidance and support will be available to employees and employers to help them to handle applications for flexible working. From April 2003, the Employment Act 2002 will also increase maternity leave for most employed mothers to six months paid leave and a further six months unpaid leave, introduce two weeks paid paternity leave for employed fathers and provide similar rights for employed adoptive parents. These measures, together with the existing rights to parental leave and time off for dependants, will provide parents with more practical assistance than ever before to strike a comfortable balance between work and family life, whilst being compatible with the needs of business by reducing the costs relating to sickness, absenteeism and consequent decreased efficiency. The Health and Safety Executive (HSE) estimates that work-related accidents and ill health cost employers between 4.4 and 9.5 bn per year 1 and that over two million people suffer from illnesses which they attribute to their work. These figures mean not only increased costs for employers due to days lost but also personal suffering, family hardship and costs to individuals. The Revitalising Health and Safety strategy was launched in 2000 by the Government and the Health and Safety Commission (HSC). Over a ten year period, it seeks to make significant improvements to workplace health and safety by securing the commitment of Government departments, employers, employees, trade unions, employers' organisations, health professionals and voluntary groups. It aims to reduce the incidence of work-related ill health, to assist those currently not in work, due to illness or disability, to return to work and to use the work environment to help people to maintain and improve health. The law requires employers to tackle work-related health issues. Health and Safety law requires employers to carry out risk assessments and to put measures into place to control these risks. The Employment Rights Act 1996 protects individuals from suffering detriment or dismissal in certain circumstances relating to health and safety issues and provides rights for workers on medical suspension. The Working Time Regulations 1998 limit weekly working time, provide minimum periods of rest and in-work rest breaks, provide a minimum level of paid annual leave and a requirement to offer health assessments to night workers. The Regulations provide additional protection for young persons. The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably because of a reason relating to their disability, without a

3 justifiable reason. Employers are required to make reasonable adjustments to working conditions or the workplace where that would help to accommodate a particular disabled person. At present these provisions apply to employers with 15 or more employees but the Government has announced its intention to remove the existing exemption for small businesses, probably by October However, compliance with the law is not the only reason why employers should take action to tackle work-related health issues. Many health related problems can adversely affect relations between employers, workers and their representatives unless measures are taken to deal with them effectively and fairly. In addition to the increased costs of absence, staff morale and performance are both likely to suffer, resulting in higher staff turnover and the additional expense of recruiting, inducting and training new members of staff. It is, therefore, vital that organisations have effective health and safety policies and practices. Consultation with trade unions and employee representatives in drawing up these policies and a clear commitment from management to support them are likely to be the most effective means of creating a culture, within the workplace, where health and safety issues are given due attention, thereby ensuring that the work environment does not damage the health of workers and people are not unnecessarily excluded from work due to ill health or disability. This booklet does not deal in detail with an employer's statutory health and safety responsibilities but rather provides an introduction to measures which employers may take to promote good health among their workers. The booklet: looks at good practice in five important workplace health issues - smoking, alcohol misuse, drug misuse, AIDS and stress and suggests ways in which associated employment problems can be dealt with provides checklists of items to include in policies on smoking, alcohol, drugs and AIDS provides, in the appendices, guidelines on where to find legislation on health matters and sources of advice and further information. Legal and technical advice on occupational health and safety may be obtained from offices of the Health and Safety Executive (HSE). Advice on the effects of work on health, and guidance on the placement and return to work of people with health problems may be obtained from the Employment Medical Advisory Service (EMAS) which is part of the HSE. EMAS encourages and assists employers, both large and small, to make provision for the occupational health needs of their staff and produces a range of helpful leaflets. Advice on health and safety in offices, shops, warehouses, restaurants, hotels, etc may be obtained from local authorities - usually the council s Environmental Health Department.

4 Promoting good health Keypoints: - Promoting good health can help organisations to be more productive, assist industrial relations and improve their public image The promotion of good health is unlikely to be effective unless it is part of a comprehensive approach to health and safety Improved health facilities should be tailored to the needs of workers according to the resources available Clear policies can help organisations deal with health issues fairly and effectively The advantages There are a number of potential advantages to promoting good health among workers including the following: a healthy workforce is likely to be more productive healthy workers are better able to lead full and satisfying lives fair health policies can help to minimise problems with workers and their representatives over health issues an organisation with a reputation for looking after its workers is likely to have a better public image which may be an important factor when recruiting, especially at times of labour shortages, and also helps to retain existing workers. Health and safety The promotion of good health is unlikely to be effective unless it is part of a comprehensive approach to health and safety. The priority for employers should be to make a full assessment of workplace hazards, introduce proper controls and monitor their effectiveness. Employers, workers and their representatives have statutory responsibilities under the provisions of the Health and Safety at Work etc Act 1974 and regulations made under the Act. Health problems are associated with all types of employment. Employers' assessments should be systematic and cover all the health risks in the workplace, for example, from: chemical agents other hazardous substances (dust, fumes)

5 noise vibration radiation repetitive movement static/awkward postures infectious diseases work related stress Control measures to reduce these risks once identified are required by regulation. Employers should review health and safety measures regularly in consultation with workers and their representatives. Workers often have valuable suggestions to make about improvements to health and safety and their contribution should be encouraged by discussing health and safety issues at meetings and briefings. Safety representatives and safety committees can play an important role in health and safety at work. They have a wide range of rights and functions, including helping to identify actual or potential hazards. Information about the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996 are contained in Appendix 1. Employers are required by the Management of Health and Safety at Work Regulations 1999 to assess risks to their workers and others arising from their undertaking; to identify the measures needed to comply with health and safety laws; and to appoint competent people to help them take measures required under health and safety legislation. HSE produces a wide variety of publications which are listed in either Free List or Catalogue of Priced Items, published at least annually and available free from: HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS. These publications can help organisations to frame their health and safety policies and define their occupational health and hygiene needs. It is not possible to give detailed information about all aspects of health in this booklet but the following checklists point to some of the main areas which should be kept under review: Legislation and current issues Are you aware of current legislation? What provision is made for keeping up to date with legislation and health issues? If there are hazardous substances present in your workplace, have you undertaken the assessment required under the Control of Substances Hazardous to Health Regulations 1999 (COSHH)? Do you have a written health and safety policy? Identification of health and safety risks Are health and safety rules and procedures working effectively? When

6 were they last reviewed? Are accidents and incidents investigated and recommendations made to prevent recurrences? Do any operations involve a health risk and are any regulations relevant to these risks followed? Is adequate supervision available - particularly for the young and inexperienced? Are the reasons for sickness absence analysed? Might they be workrelated? Are work processes and work organisation regularly examined to see if any changes can be made to improve health and safety? Matching workers to the job Do you know whether workers have health problems that might be aggravated by the work involved? Can special arrangements be made to accommodate workers with particular health problems or disabilities? Could, for example, flexible working be arranged or could adaptations be made to premises (for which a grant may be payable (2) Are possible health risks taken into account when recruiting? Can you identify those who may be at a higher risk? Information and training Are employees trained in health and safety procedures and hazard awareness? Do workers understand how to prevent or minimise any health risks? Is up-to-date information on health and safety provided to workers? Are relevant posters and notices displayed including those required by law? First aid Do first aid procedures comply with the Health and Safety (First Aid) Regulations 1981 (3) and the First Aid at Work Approved Code of Practice? Help and advice Employers are required by the Management of Health and Safety at Work Regulations 1999 to appoint competent people to help them take health

7 and safety measures. The level of expertise needed depends on the risks present and the employer can appoint an existing member of staff where they have the necessary training, knowledge and experience to be of assistance. The more complex the risks, the more likely the need for specialist advice. Any specialist help required should be matched to need - it may be for medical or nursing personnel or for ergonomists, psychologists, occupational hygienists or those with audiometry or engineering skills. Only large organisations are likely to have full-scale occupational health centres. Some organisations employ nurses and some companies retain the services of a company doctor - for example, a local GP - on a parttime or session basis. The decision to make use of nursing and medical skills may reflect a range of management needs. Health promotion Although there is no statutory requirement, some level of medical provision can have real health benefits for workers and also mean that less time is lost for routine visits, check-ups, injections, etc. A growing number of employers and trade unions have become interested in the benefits of providing additional workplace facilities to improve the general health of the workforce. In one case a successful work-based health promotion programme has been extended into the community as a result of collaboration between a company and local and central government. It is important to establish good communication between employers and workers and their representatives, including safety representatives (see Appendix 1). Consultation prior to the provision of additional facilities will help to overcome any potential difficulties and match the facilities provided to the available resources. Range of facilities A wide range of health facilities may be provided by employers including the following: regular voluntary health checks eyesight/hearing tests dental checks screening for cancer (for example, cervical or breast cancer) or susceptibility to heart disease weight-watcher classes an alternative 'healthy' menu in the staff canteen or restaurant exercise facilities/keep fit/aerobics classes assistance to give up smoking, alcohol or drugs stress counselling relaxation classes employee assistance programmes.

8 Health education The provision of information and education forms an essential part of any health campaign at work. An education programme should be designed to suit the organisation. It should be discussed with workers and their representatives and clear objectives should be established which meet the needs of workers. The simplest way of providing information is to display posters or distribute material either produced in house or obtained from various sources such as the HDA, Department of Health or the Health Development Agency(HDA). In addition it may be possible to include health information in the company handbook, arrange in-house talks or the showing of videos. Health education can also be covered in training, particularly at the induction stage. Information needs to be frequently represented if it is to remain fresh. Visual material should be changed, moved or drawn to the attention in some other way on a regular basis. The HDA in particular provides a wide range of useful and informative leaflets on health matters and in recent years has developed health promotion campaigns entitled 'Look After Yourself' and 'Look After Your Heart'. Further advice and help can be obtained from the HDA at the address listed in Appendix 2 or from local Health Education Units listed in the telephone book under the name of the local health authority. Many commercial organisations selling health products or providing health care also provide free literature. However, this material should be looked at objectively before it is used as it may be biased towards the company's own products. Individuals will have fears, worries and misunderstandings about the topics raised in a health education programme and there should be a forum in which these can be voiced. The education programme should be subject to regular evaluation and where it has failed to meet the desired objectives it should be re-designed. Health topics Company health education programmes may cover single topics or form part of a wider programme of health education. If a company is introducing a particular policy on, for example, smoking or alcohol it is sensible to concentrate the provision of health education on these subjects. The main topics which are normally included in health education programmes are as follows: diet smoking stress exercise alcohol and drugs AIDS.

9 Long-term sickness The way in which sickness is treated can affect workers' health. In particular knowing that they have a job to come back to can help relieve anxiety. However, long-term absence through sickness, or the inability to attend work regularly because of chronic ill health are difficult problems for employers. In small companies in particular there may be a conflict between the need to continue operations by replacing the worker and the desire to help recovery by holding the job open. The circumstances of each case should be judged on merit, taking account of the following: Can the effects of the absence be alleviated without the need for an immediate replacement? What is the medical opinion about the likelihood of a full recovery, the likely date of return and the prospects of being able to perform the same work? (4) Could the worker return if some assistance was provided? Could some re-organisation or re-design of the job facilitate a return to work? (5) Is alternative, lighter or less stressful work available - with re-training if necessary? Could re-organisation of the work group produce a more suitable job? What costs are being incurred by the company as a result of this absence? How old is the worker, how long has he or she worked for the company and should early retirement be considered? Have all possibilities been explored/discussed with the worker and his or her representative? Has the worker been kept fully informed and told if employment is at risk? Employers are responsible for statutory sick pay for employees for up to 28 weeks of sickness and all workers are entitled to any contractual rights to sick pay while on sickness absence. If the time eventually comes when employment can no longer be kept open, workers are entitled to receive wages throughout the notice period or to payment in lieu of notice. Short-term sickness A certain amount of short-term sickness is to be expected in all organisations although this should not be assumed on an individual basis and all absence should be monitored. Frequent absence may not necessarily be a disciplinary problem as it may indicate general ill health

10 requiring medical investigation; moreover, if it continues, it may indicate an occupational hazard, work stress or a lack of capability to do the job. Individuals should be encouraged to seek proper medical attention to establish any underlying health problems. It may also be helpful to discuss whether they are having any problems with their job or domestic difficulties which could be resolved by some rearrangement of hours/work/taking leave or time off under the Maternity and Parental Leave Regulations (time off for dependents in an emergency) From April 2003, the Employment Act 2002 will introduce the right for parents of young and disabled children to apply to work a flexible working arrangement. It will place a duty on employers to give serious consideration to requests from employees and to refuse them only if they have clear business reasons for doing so. Guidance and support will be available to employees and employers to help them to handle applications for flexible working. From April 2003, the Employment Act 2002, will also increase maternity leave for most employed mothers to six months paid and a further six months unpaid leave, introduce two weeks paid paternity leave for employed fathers and provide similar rights for employed adoptive parents. Returning to work After long absences workers may need help to return to work. An understanding approach by management, coupled perhaps with part-time working at first, can help build up confidence and a return to normal performance. Organisations may find it helpful to seek advice from their own medical adviser, from the HSE s Employment Medical Advisory Service or from the local Disability Service Team. The Acas Advisory Handbook: Discipline and Grievances at Work and Acas Advisory Booklet: Absence and Labour Turnover give further advice on the handling of absence. Health policies The development of clear policies on health can help ensure that decisions affecting workers: are well thought out, generally understood and consistently and fairly applied within the organisation take full account of their effect on all areas of the organisation's activity satisfy statutory requirements contribute to good relations between employer, workers and their representatives. The following chapters look at a number of specific health issues and

11 examine some of the main points that organisations should consider when handling them or when developing policies. A checklist is also provided for organisations considering the introduction of health policies. Introducing health policies a checklist What is the aim of the policy? Are senior managers fully committed to the policy? Have managers, workers and their representatives been consulted and their views taken into account? Should a joint working party be set up to plan and implement the policy? Have arrangements been made to monitor and maintain the policy? Does a senior manager have overall responsibility for the policy? Have arrangements been made to ensure the policy is communicated to all workers? Has adequate notice been given of the introduction of the policy? Have potential costs been considered and allowed for in budgets? Is the policy realistic? Smoking at work Key points:- There is increasing public concern about the impact of passive smoking The use of a joint working party can be the most effective way of developing a policy on smoking There are various options for a smoking policy which take into account the interests of smokers and non-smokers At least three months notice should be given of implementation after a smoking policy has been agreed wherever possible A trial period can help to identify and overcome problems In the last few years the number of smokers in England has fallen from 28% of the population in 1998 to 25% in However, there is increasing public concern about the impact of passive smoking on people s health. In November 2004 the Government published a White Paper setting out its plans to restrict smoking in enclosed public places and workplaces (with some exceptions). The Department of Health is consulting on these proposals (until September 2005) for further information visit The Scottish Executive plans to implement the Prohibition of Smoking in Certain Premises Regulations 2005 (draft) under the Smoking, Health and Social Care (Scotland) Act 2005 (visit for further information). In Wales, a special committee of the Assembly is due to report on an appropriate way forward (visit for further information).

12 Why be concerned about smoking? The report of the Scientific Committee on Tobacco and Health says that passive smoking is a cause of lung cancer and childhood respiratory disease. The report also says there is evidence that passive smoking is a cause of ischaemic heart disease and cot death, middle ear disease and asthmatic attacks in children(6). In addition, tobacco smoke is a cause of discomfort and irritation to many people, particularly those suffering from respiratory illnesses such as asthma or bronchitis and may lead to increased absence. Non-smokers are becoming more vocal in their opposition to working in a smoky atmosphere which may lead to conflict with colleagues who smoke. What should be done? The damage to health from smoking has led many experts to believe that non-smokers have a right to be protected from passive smoking. The Health Development Agency believes that the objective of a smoking policy is to establish a healthy environment for all workers. Supporting this goal is the general principle that the preferences of both smokers and non-smokers will be respected, but when these conflict, the preference of the non-smoker will prevail. Because of the dangers from smoking there may be calls from nonsmokers for an immediate ban. However, except where there are specific safety considerations which justify a ban, it is in the interests of good employment relations for management, workers and their representatives to work out an agreed policy on smoking that gives priority to the needs of non-smokers. However, employers must comply with any legal requirements relating to smoking (see above for government plans). Developing a policy One of the most effective ways of developing an acceptable policy is through a joint working party with agreed terms of reference and made up of representatives of management and both smoking and non-smoking workers. The working party may like to: examine any current smoking restrictions and how they are working look at pressures for a change of policy - for example, the latest scientific evidence about the dangers of passive smoking explore all the possible policy options canvass worker opinion through consultation or by questionnaires make recommendations to management who will then decide what action to take. Examining the policy options There is no single solution that will be suitable for all organisations and sometimes a combination of measures may be necessary. However, the HSE recommends that the emphasis of the policy should be to give

13 priority to the needs of non-smokers who do not wish to breathe tobacco smoke. Options to be considered may include: Total ban: ideal for the main purpose of protecting non-smokers but likely to cause problems for smokers who find it difficult to give up smoking. Needs to be combined with help for smokers, such as long leadin period with a step by step increase in restrictions, assistance to give up smoking, and provision to leave the building at break times. Total ban except for enclosed areas designated as smoking areas: the generally preferred option which provides for both smokers and nonsmokers, but not always practicable in small workplaces due to space constraints. Smoking ban in communal areas and segregation of smokers and non-smokers in separate rooms: an effective solution but may be difficult to organise. The policy The policy should be clearly set out and communicated to all staff. The following checklist gives items which might be considered for inclusion. Checklist of items to consider when drawing up a policy on smoking at work: A preamble giving the reasons for the policy for example: 'This policy has been developed in consultation with workers and their representatives to help provide a healthy, safe and comfortable environment'. A statement that the policy applies to workers at all levels. Information about how the rights of smokers and non-smokers will be respected. The name of those responsible for implementing and maintaining the policy. (Usually a named manager is given overall responsibility with day to day responsibility resting with supervisors and line managers). Information about smoking restrictions in both working and common areas. How the organisation will deal with non-observance of smoking restrictions. Whether the restrictions apply to visitors and customers. Implementing a smoking policy Once a smoking policy has been agreed workers should be made aware of its introduction through the prominent display of notices. At least three months notice should be given of the commencement of a smoking policy wherever possible. This allows smokers to come to terms with the new

14 arrangements. It is sensible to start with a trial period of, say, three months to enable any problems to be identified and overcome. Anonymous questionnaires to assess the effectiveness of the policy may be useful. Assistance in giving up smoking Some smokers find that the introduction of smoking restrictions provides the impetus they need to give up smoking entirely. Others may have a genuine fear that they may be unable to stop. Advice and counselling from occupational health services, local GPs or local health education units are often available at little or no cost. Some employers provide financial assistance. Enforcing the policy If workers have been properly consulted and their views taken into account most organisations should find little difficulty in introducing and maintaining a smoking policy. Any problems that do arise can usually be dealt with through counselling. Where a worker persistently disregards a smoking policy, employers may wish to consider whether it is appropriate for this to be treated in the same way as other breaches of company rules and dealt with under the disciplinary procedure. Legal considerations There are certain statutory provisions which prohibit smoking at work on safety grounds, principally because of the risk of fire or explosion. Employers also have a general duty under the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their workers. Employers have a common law duty to provide a safe place and system of work, and should therefore act to resolve complaints from workers that their health and welfare may be at risk from a smoky environment. More specifically, the Health and Safety (Workplace) Regulations 1992 require employers to ensure that there are arrangements to protect non-smokers from discomfort caused by tobacco smoke in rest rooms and rest areas. Where a worker leaves a company as a result of the introduction of a smoking policy, a claim of constructive dismissal might arise if the policy was deemed to have been introduced unreasonably. Such a claim would be strengthened if there was only one smoker, since it might be felt that the policy was introduced with the sole purpose of forcing the smoker to leave. Further advice on smoking at work is contained in the leaflet Passive Smoking at Work (IND(G)63L), available free of charge from the Health and Safety Executive.

15 Alcohol misuse Key points: - Organisations should have clear rules on the use of alcohol Suspected cases of alcohol misuse should be fully investigated before deciding appropriate action It is appropriate to treat alcohol misuse as an illness when health, occupational, domestic or social problems occur Alcohol policies should be designed to assure problem drinkers that they will be treated fairly and encourage them to seek assistance The policy should apply to all workers The consumption of alcohol is an accepted part of social life and is normally a personal matter. However, the subject of alcohol and how it impairs performance, safety or interpersonal work relations is a matter for employers, workers and their representatives. The problem of alcohol misuse is widespread and even relatively small organisations are likely to employ at least one worker who engages in inappropriate drinking which affects performance. It makes sense therefore for all employers to develop a policy that will enable them to deal with alcohol related problems sympathetically, fairly and consistently. Alcohol and the law Under sections 2, 3 and 4 of the Health and Safety at Work Act 1974, all employers have a general duty to ensure the health, safety and welfare of their employees. If an employer knowingly allowed an employee under the influence of alcohol (or drugs) to continue working and this placed the employee or others at risk, the employer could be liable to charges. Under section 7 of the Act, employees are also required to take reasonable care of themselves and others who could be affected by what they do. They, too, could be liable to charge if their alcohol consumption (or drug-taking) put safety at risk. In the transport industry, there is specific legislation in place to control the misuse of both alcohol and drugs. The Transport and Works Act 1992 makes it a criminal offence for certain workers to be unfit through drink and/or drugs while working on railways, tramways and other guided systems. The operators for whom such employees work would also be guilty of an offence unless they had shown 'all due diligence' in trying to prevent these offences being committed (see legislation concerning drugs for further discussion). Different types of alcohol misuse Problems with alcohol at work usually fall into one of two main categories:

16 the worker who drinks inappropriately on occasions the worker who consistently engages in inappropriate drinking. Problems arising from the first category are likely to be straightforward cases of misconduct whereas drinkers in the second category are likely to have associated health, absence and long-term performance problems. However, even occasional drinking may be a response to an underlying problem, such as stress. It is not always easy for an employer to make a distinction between the two different types of inappropriate drinker. Furthermore, some of the symptoms of excessive alcohol intake can be similar to the effects of a range of medical conditions including diabetes and epilepsy. Consequently when dealing with problems caused by suspected alcohol misuse, employers should arrange appropriate assessment and make a full investigation of all the circumstances before deciding the appropriate action. It is also advisable to intervene at an early stage to avoid the need for later disciplinary action. Company rules and disciplinary procedures Rules on alcohol use are likely to vary according to the nature of the job and the organisation. Some organisations may need to adopt strict nodrinking rules for reasons of safety or discipline, for example where workers operate machinery or drive company vehicles. Other organisations may be prepared to allow social drinking at lunch times and may even provide bar facilities. Where drinking is part of the social culture at work, individuals may feel under pressure to join in. Organisations should consider carefully what rules on drinking at work are appropriate, in consultation with workers and their representatives. It can also help to ensure that alcohol-free drinks are available at social functions and that where possible workers have access to good quality canteen facilities in pleasant surroundings which will lessen the need to visit the local pub. Breaches of company rules on drinking should normally be handled under the company's disciplinary procedure. As with all disciplinary matters, the circumstances of each case should be fully investigated and the worker concerned should be given the chance to state his or her case (7). Dealing with a drinking problem Where a worker's absences, deterioration in performance or even misconduct at work are due to consistent heavy drinking then it may be appropriate to treat the problem as one of illness. However, it is advisable to proceed with caution. The following steps should help: keep accurate, confidential records of instances of poor performance or other problems interview the worker in private. If the worker is actually drunk, wait until he or she is sober

17 concentrate on the instances of poor performance that have been identified ask for the worker s reasons for poor performance and question whether it could be due to a 'health' problem, without specifically mentioning alcohol in the first instance discuss possible work-related causes such as excessive workload or too much responsibility if appropriate discuss the organisation's alcohol policy and the help available inside or outside the organisation agree future action arrange regular meetings to monitor progress and discuss any further problems if they arise. Counselling for alcohol problems is a delicate process, and may best be tackled by a trained counsellor. In the first instance, the manager or the supervisor should discuss any problems with, for example, time keeping and/or performance. The worker may then be offered the opportunity to discuss any underlying cause, if appropriate, with a trained counsellor, possibly in the presence of the manager concerned. In some organisations the personnel department may have staff with the appropriate counselling skills; if not it may be helpful to contact one of the organisations mentioned in Appendix 2. It is wise to check in advance what facilities are available in case they are needed. Drinking and driving Loss of licence due to a conviction for driving while over the legal alcohol limit can have repercussions on employment. Where a worker has to drive as part of his or her job, dismissal may be inevitable although the possibility of alternative work should first be considered. However, where driving is only a peripheral part of the worker s job it may be possible for arrangements to be made for someone else to do the driving. Employment overseas In some countries (for example, Saudi Arabia) the consumption of alcohol is illegal. Workers who are sent to these countries should be warned of the possible consequences of drinking. An alcohol policy An alcohol policy is one of the most constructive ways of dealing with drink-related problems. The policy should be designed to assure those with an alcohol problem that they will be treated fairly and sympathetically and thus encourage them to seek help and assistance.

18 Any policy needs to be developed with the commitment and involvement of both senior and middle management. Workers and their representatives should also be consulted and their views taken into account. The following checklist may be useful when preparing the policy. Checklist of items to consider when drawing up a policy on alcohol at work The rules on alcohol at work A statement that the organisation recognises that an alcohol problem may be an illness to be treated in the same way as any other illness A statement that the rules on alcohol at work will apply to any contractors visiting the organisation The potential dangers to the health and safety of drinkers and their colleagues if an alcohol problem is untreated The importance of early identification and treatment of an alcohol problem The help available - for example, from managers, supervisors, company doctor, occupational health service or outside agency (8) The disciplinary position - for instance, an organisation may agree to suspend disciplinary action in cases of misconduct, where an alcohol problem is a factor, on condition that the worker follows a suitable course of action. Where gross misconduct is involved, an alcohol problem may be taken into account in determining disciplinary action The provision of paid sick leave for agreed treatment The individual's right to return to the same job after effective treatment and any conditions that may apply An assurance of confidentiality Whether or not an individual will be allowed a second course of treatment if he or she relapses Termination of employment on grounds of ill health where treatment is unsuccessful A statement that the policy applies to all workers A statement that the policy will be kept under regular review to evaluate its effectiveness.

19 Education There is much misunderstanding about the nature of the effects of alcohol and what constitutes sensible drinking. The implementation of an alcohol policy is likely to be more effective, therefore, if it is accompanied by an education programme. Education can help managers and workers understand alcohol misuse and recognise its symptoms and side effects and to be aware of particular dangers such as the consumption of alcohol with sedatives - even if the sedatives have been prescribed. It may help individuals to recognise the symptoms in themselves and persuade them to seek help. It may also help to show management and workers that covering up for a colleague who has a drinking problem is not in that person's long-term interests. Some of the bodies which provide literature, guidance and assistance are listed in Appendix 2. Drug misuse Key points: - Drug and other substance misuse is a growing problem and many who misuse drugs are in employment Many of the problems associated with drug and other substance misuse are similar to those associated with alcohol and may be dealt with in a similar way It is an offence for employers to knowingly allow the supply or production of a controlled drug on premises which he/she occupies or manages When dealing with problems which may be related to the misuse of drugs or other substances it is best to concentrate on performance aspects It is important to follow a fair procedure for disciplinary problems Dismissal for off duty misuse of drugs or other substances may not be fair unless employment was adversely affected A policy on drugs can help an organisation to deal with any drugs related problems in a considered way Drug and other substance misuse is a growing problem involving the use of both illegal drugs, prescribed drugs and everyday substances like glue, lighter fuel and solvents. Many drug misusers are in employment and this can create problems in the workplace such as absenteeism, increased accident rates and deteriorating workplace relationships. An increasing number of employers are having to deal with drug related problems and those who have developed policies are best prepared.

20 Similarities with alcohol Many of the problems associated with drug and other substance misuse are similar to those associated with alcohol and may be dealt with in a similar way. For example, some organisations now treat drug dependence as an illness and frame policies aimed at rehabilitation. This approach can encourage those with a drugs problem to seek treatment and help prevent workers covering up for colleagues because they fear they may be dismissed. Drugs differ from alcohol in that their use is not generally socially acceptable and is often illegal. In addition, the use of some drugs can more rapidly affect physical and mental health than alcohol abuse; consequently the earlier the problem can be dealt with the greater chance of rehabilitation. Drugs and the law The Misuse of Drugs Act 1971 makes it an offence to possess, supply, offer to supply or produce controlled drugs without authorisation. It is also an offence for the occupier of premises to permit knowingly the production or supply of any controlled drugs or allow the smoking of cannabis or opium on those premises. Under common law it is an offence to 'aid and abet' the commission of an offence under the Misuse of Drugs Act. The Act lists the drugs that are subject to control and classifies them according to their perceived danger. Class A drugs include ecstasy, cocaine, heroin, LSD, mescaline, methadone, morphine, opium and injectable forms of class B drugs. Class B includes oral preparations of amphetamines, barbiturates, codeine and methaqualone (Mandrax). Class C includes cannabis, cannabis resin most benzodiazepine (for example, Temazepam, Valium), other less harmful drugs of the amphetamine group, and anabolic steroids. It should be borne in mind that in certain circumstances an employer who does nothing about a drugs problem may also be liable to charges under the Health and Safety at Work etc Act 1974 (see Appendix 1) by, for example, requiring an employee with a history of drug misuse to perform a job which requires a clear mind and a steady hand if it is to be done safely. Similarly, a public transport employer might be liable to charges under section 3 of the 1974 Act (which deals with public safety) if aware that a driver had a drug problem but did nothing about it and was thereby considered to have endangered passengers. In the transport industry, specific legislation is in place to control the misuse of both alcohol and drugs (see alcohol related legislation for further information). The Transport and Works Act 1992 makes it a criminal offence for certain workers to be unfit through drink and/or drugs while working on railways, tramways and other guided systems. The operators for whom such workers work would also be guilty of an offence unless they had shown 'all due diligence' in trying to prevent these offences being committed. Employers who are in any doubt about the legal position on drugs should take legal advice.

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